London's Pulse: Medical Officer of Health reports 1848-1972

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Battersea 1954

[Report of the Medical Officer of Health for Battersea Borough.

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23
Legal Proceedings.
During the year, legal proceedings were taken by the Council in
107 cases, for the enforcement of various Acts, by-laws, regulations,
etc., administered by the Health Department. A summary is set out
elow, and further details will be found in the sections dealing with
e respective matters at the pages stated.
Cases Page No.
Pubic Health (London) Act, 1936 104 23
Food and Drugs Act, 1938 1 34
London County Council by-laws as to Drainage 1 24
National Assistance Acts 1 49
107
Fines totalling £21 0s. 0d. were imposed in connection with these
Proceedings, and £45 3s. 0d. costs were awarded to the Council.
Public Health (London) Act, 1936.
The provisions of this Act in regard to Nuisances continued to
afford the main means whereby the remedy of insanitary conditions
found in dwelling houses could be secured.
During the year, 2,022 Intimation, and 995 Statutory (Nuisance)
Notices were served. The high proportion of Statutory to Intimation
Notices shows the continuing difficulty, referred to in previous reports,
of securing the remedy of these conditions. Furthermore, it was found
necessary to refer 192 cases to the Council's Solicitor with instructions to
Statutory by legal proceedings if necessary, to enforce compliance with
Sattutory Notices. In 90 of these cases a warning letter from the
Solicitor had the desired effect. In the remaining 102 cases, however,
summonses had to be issued. As a result, Nuisance Orders were made
by the Court in 48 instances. The remaining 54 summonses were
ultimately withdrawn, the Notices having been complied with subsequent
to the issue of the summonses.
In 37 cases action to enforce compliance with Nuisance Orders had
to be taken, and the Council carried out the work in default of the
persons on whom the Orders were made. In those cases, the Council
were entitled to recover the cost of the works from those persons, and
accounts were accordingly rendered to them.
Two summonses for failure to comply with Nuisance Orders made
in 1953 in respect of one house, were heard in 1954. Fines of £3 were
inposed in each case, and total costs of £4 4s. Od. were awarded,
The owener did not carry out the necessary repairs, and at the end of
the year actions was being taken to obtain a Closing Order under the
Housing Act, 1936, and the Local Government (Miscellaneous Provisions)
Act, 1953.
Dustbins.
The London County Council (General Powers) Act, 1954, came
into operation on 5th luly. Section 12 of the Act repeals and re-enacts,
with a number of modifications, Section 105 of the Public Health
(London)Act, 1936, which provision of dustbins for dwelling
houses could previously be required. The most important modification
is that the notice is now required to be served on the owner and not
on the owner or occupier as previously. This simplifies procedure
insofar that the Health, Baths and Wash-houses Committee do not
now have to decide upon whom the notice should be served.